Court No. - 36
Case :- WRIT - C No. - 20360 of 2021 Petitioner :- C/M Bharti Vidyapeeth Kidwai Nagar Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Kushmondeya Shahi,Sanjai Kumar Rai Counsel for Respondent :- C.S.C.
Hon'ble Neeraj Tiwari,J.
Heard learned counsel for the petitioner and learned Standing Counsel.
Learned counsel for the petitioner submitted that there is a society in the name of Bharti Vidyapeeth, Kidwai Nagar, Kanpur, which is registered under the Societies Registration Act. The said society has decided to establish a Junior High School in the name of Bharti Vidyapeeth High School, Kidwai Nagar, Kanpur Nagar and the same was granted temporarily recognition vide order dated 14.09.1967, which was made permanent. On the date of temporary recognition, institution is running and teachers have been appointed in accordance with qualifications prescribed under The Uttar Pradesh Junior High Schools (Payment of Salaries of Teachers and other Employees) Act, 1978. It is next submitted that in light of judgement of Apex Court in the case of State of U.P. and others Vs. Pawan Kumar Dwivedi reported in 2014 (9) SCC 692, now the petitioner's institution is entitled to be taken up in grant-in-aid list for which petitioner has submitted representation dated 3.7.2018 before Additional Chief Secretary (Basic Education), Lucknow- respondent no. 1 and thereafter also filed reminder dated 2.5.2020, but no decision has been taken and the said representation is still pending. Lastly, it is submitted that a direction may be issued to respondent no. 1 to decide the representation of the petitioner and provide grant-in-aid to the petitioner's institution for which learned Standing Counsel has no objection and submitted that petitioner's representation shall be decided at the earliest.
Considering the facts and circumstances of the case, the petition is disposed of with direction to respondent no. 1 to consider the representation of the petitioner dated 03.07.2018 and decide the same expeditiously, preferably within a period of three months in accordance with law, rules as well as law laid down by the Court after submission of computer generated copy of this order and verifying the same from Official Website of Allahabad High Court.
It is made clear that the Court has not adjudicated the matter on merits.
Order Date :- 24.8.2021/Arvind